Category Archives: Insurance

by | May 16, 2011 · 6:30 pm

Hospitality Industry Pool And Spa Risks: Family Of Man Who Drowned After Being "Sucked Into Hotel Whirlpool Drain" Sues For "Negligence, Emotional Distress And False Imprisonment"

The family of a man who met a bizarre and tragic end by being sucked into a jacuzzi at a Bahamian resort is suing the hotel for negligence, emotional distress and false imprisonment.

There was no emergency shut off button nearby and other guests tried in vain to save him.

‘No Sandals employees were either trained or willing to provide CPR for the 45 minutes or more that transpired before an ambulance arrived.’

John Van Hoy Jr, 33, died on December 28, 2010 after he was sucked into the drain of the hotel’s whirlpool and drowned while workers allegedly ignored his fiancée’s cries for help. His family are suing the Sandals Royal Bahamian Resort, its American-based marketing firm, and the companies that built or supplied parts for the whirlpool.

According to Courthouse News Service, Mr Van Hoy was ‘in excellent shape, and could bench press over 300 pounds’, but when he dunked his body underwater he got caught in the whirlpool’s suction drain and could not free himself. His fiancée was said to be relaxing nearby when she noticed he did not come up for air.

She screamed for help, then jumped into the pool to try and save him herself after she claims that staff ignored her, but she was unsuccessful. The suit says: ‘Nicole Cleaveland then sought the help of a Royal Bahamian employee who ignored her pleas for help and walked away.’

When he was finally freed, the suit says that it took an ambulance 45 minutes to arrive and there was no one on site to administer CPR on Mr Van Hoy.

He was pronounced dead when he arrived at hospital. According to Miami New Times, the complaint also alleges that after the death, the phone was removed from Miss Cleaveland’s room, and that she was interrogated by hotel staffers who tried to get her to admit that either she or Mr Van Hoy was responsible for his death.

The complaint says: ‘In the final moments of his life, John Van Hoy Jr experienced unimaginable conscious terror and utter foreboding doom – all of which was exacerbated by him knowing that his [fiancée’s] efforts to save him had failed.’

The family are seeking damages for negligence, intentional and negligent infliction of emotional distress, false imprisonment and product liability.

Read more: http://www.dailymail.co.uk/news/article-1387854/Family-man-fatally-sucked-hotel-jacuzzi-sues-resort.html#ixzz1McV9LT36

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by | May 6, 2011 · 6:15 am

Hospitality Industry Fire Risks: South Carolina Hotel Completes Major Renovations After "Dry-Storage Area" Fire Breaks Out In Restaurant

“…The Surfside Beach Resort has been undergoing major renovations to the 160-room building since October, when a fire broke out in a dry-storage area in the resort’s restaurant…”

“…The fire caused smoke and structural damage, prompting hotel management to move forward with not only restoration of the smoke-damaged areas, but an entire facelift of the building…structural repair and insurance issues were worked out before proceeding with the makeover…”

Renovations are kicking into full gear at one Surfside Beach hotel, in hopes of re-opening its doors to guests by mid-May. Joel Coker, general manager for the Surfside Beach Resort, said Thursday the bulk of renovations to the hotel only began 24 days ago. He says structural repair and insurance issues were worked out before proceeding with the makeover.

Rooms damaged by the October fire have been completely renovated, while undamaged rooms received upgrades. Improvements to the rooms include new beds and bedding, bathrooms, furniture and carpet.

Coker says he believes guests already have rooms booked starting May 17. “Bike Week is extremely busy now,” Coker mentioned. “Of course, it’s affected us with the decisions in Myrtle Beach a few years back. We could lose $100,000 easy that week – or more.”

The Surfside Beach Resort estimates it lost $1 million in guest revenue as a result of renovation efforts. The resort must undergo a handful of inspections – including building, fire and health – before it is allowed to re-open.

For more:  http://www.wmbfnews.com/story/14583174/hotel-damaged-by-october-eyes-may-re-opening

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by | May 2, 2011 · 4:05 pm

Hospitality Industry Workers' Comp Issues: State Of Illinois Seriously Reviews Employee Awards, Employer Liability And Injury Review Standards

“…In just one example of how Illinois’ system is abused, a hotel maid recently was awarded a $42,500 claim for carpal tunnel after working less than 30 days and 180 hours at a Springfield hotel…”

  • The workplace should be the primary cause of the injury or aggravation of the previously existing condition
  • Employers should not be on the hook financially for injuries that occurred outside of the workplace or in the course of previous employment
  • Health care providers should use nationally recognized American Medical Association and utilization review standards when determining a person’s impairment and treatment following an injury
  • These AMA standards are used in more than three dozen states across the United States and provide a measure of objectivity
  • Workers who are injured while under the influence of illegal drugs or alcohol should not be entitled to workers’ compensation benefits
  • The only exception would be if they can provide that the workplace caused the injury
  • Illinois should limit “wage differential” awards that are currently paid for life
  • These monetary awards are designed to make up the difference between an employee’s pay before and after an injury and were never intended to be paid past retirement age

Read more: http://www.bnd.com/2011/05/01/1690712/guest-view-its-time-to-get-workers.html#ixzz1LJ1LGtpZ

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by | April 25, 2011 · 7:04 am

Hospitality Industry Fire Risks: Oklahoma Hotel Is Consumed By Fire Caused By "Electrical Short" But Fire Extinguishers And Good Escape Plans Prevent Tragedy

A three-alarm fire at America’s Best Value Inn and Suites near Mustang Rd. and I-40 forced people onto the streets as flames and smoke overtook their rooms.

“…Driven by the wind, flames quickly spread into the rafters and began pouring out of the roof…. Fire officials say the fire appears to have been caused by an electrical short…”

John Thompson works at the hotel and tried to put out the flames with fire extinguishers. He went through four of them before giving up and evacuating the area.

“We could only put out what was exposed,” Thompson said. “So, we knew it was a losing battle when it traveled.”

“Initially our concern was the wind. We had a pretty good breeze that was blowing through here and heavy smoke that was drifting all the way across Reno Avenue,” OKC Battalion Chief Greg Lindsay said.

Occupants in one of the rooms saw smoke coming from underneath the floor and pulled a fire alarm. Everyone was evacuated safely including two people who had to be rescued by ladder.

“Everything worked like it was supposed to and everybody was able to get out,” Lindsay said.

For more:  http://www.kfor.com/news/local/kfor-news-fires-apt-hotel-story,0,1882611.story

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by | April 13, 2011 · 9:31 am

Hospitality Industry Guest Health Risks: Major Hotel Sued In New York Supreme Court Over "Legionnaires' Disease Contracted At Dubai Hotel

Starwood Hotels and Resorts Worldwide is facing a $16.7m (AED61.3m) lawsuit in the US after two guests staying at the Westin Mina Seyahi in Dubai claim they caught legionnaires disease at the property.

The paper reported that Nogues started to feel weak and feverish two days after checking into the hotel with her son and a friend on February 14. With her health deteriorating, she returned to France on February 21 where she was also diagnosed with legionnaires’ disease.

The suit claims that Thomas Boyle, from Britain, and Elodie Nogues, from France, contracted the disease after staying at the Westin in January and February of 2009, according to a report in The National.

It claims the health of the pair deteriorated rapidly and resulted in hospital stays.

The disease is a form of pneumonia spread through airborne water droplets, which thrives in water and air-conditioning systems.

For more:  http://www.arabianbusiness.com/dubai-hotel-faces-16-7m-lawsuit-over-legionnaires-393411.html

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by | April 1, 2011 · 5:54 am

Hospitality Industry Risk Management: "P3 Hospitality Risk Report – Knox Boxes" (Video)

[youtube=http://www.youtube.com/watch?v=KvAGRwo1UPI]

Petra Risk Solutions’ Director of Risk Management, Todd Seiders , offers a P3 Hospitality Risk Report – ‘Knox Boxes’. 

P3 ( Petra Plus Process) is the Risk Management Division of Petra Risk Solutions – America ’s largest independent insurance brokerage devoted exclusively to the hospitality marketplace.

 For more information on Petra and P3 visit petrarisksolutions.com or call 800.466.8951.

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by | March 28, 2011 · 12:10 pm

Hospitality Industry Legal Compliance Issues: Hotels Must Be Compliant With "Americans With Disabilities Act" (ADA) Regulations Including "Mobility Issues" For "Devices Other Than Wheelchairs"

Federal law requires hotels to give people with mobility issues access to their properties, including allowing them to use devices other than wheelchairs as long as they do not raise legitimate safety concerns. The type, size and speed of the device, along with the amount of pedestrian traffic all factor into the decision.

One major change deals with the information available to people making room reservations. The idea is that people with disabilities should be able to book hotel rooms with the same efficiency, immediacy and convenience as those who do not need accessible guest rooms. The provision applies whether people are making reservations by phone, in person, on a website or though a third-party provider such as a travel agent or OTA.

Hotels must identify and describe the hotel’s accessible features in enough detail so potential guests can determine if the hotel can meet their needs, McCullough said.

Hotels also have an obligation to hold accessible guest rooms for people with disabilities unless all other guestrooms of that type have been rented. For example, McCullough said, if a hotel has 25 double-bed rooms and two are designated accessible, the reservation service must rent all 23 of non-accessible before it rents the two to people without disabilities. The rule does not apply to unique rooms such as a penthouse or bridal suite.

The difficulty is making sure that the reservation system accommodates this requirement, since the rule applies to reservations made through all channels.

“That will be a technical hurdle for your companies to leap over within the 11 months,” McCullough said. “I hope you are working on this particular issue.”

Another change requires that hotels honor a specific guest room request from customers with disabilities, even if it’s a policy of a hotel to not hold specific rooms.

For more:  http://www.hotelinteractive.com/article.aspx?articleid=20172

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by | March 25, 2011 · 3:05 pm

Hospitality Industry Guest Security: Hotel Security Depends On Management Adopting A "Global Security Program"

Effective security and risk management relies on a foundation of principles including critical rapid data flow, standardization of emergency protocols, executive leadership and effective local management, not luck. We can guarantee only that attacks against hotels will happen again. The nature of the hospitality industry offers porous, soft, attractive targets.

The corporate security departments of most major hotel brands are not budgeted to provide the effective layers of detection or deterrence required to minimize this risk. A cautious examination of the major world economies reveals the first early signs of improvement. This presents an opportunity for major brands to offer an enhanced measure of security to their important customer base. We should consider that the safety of business and recreational travel is on the minds of everyone who boards a plane and visits or stays as a guest in your facilities. Comfortably resolving this sense of uneasiness is good business.

There are several critical elements required to create an effective hotel global security program:

•    security risk management software (global command and control);
•    security management standardization by venue;
•    new generation security equipment with software analytics; and
•    training.

Management methods that increase margins and reduce the risk of crime, terror, accidents and incidents, can be summarized by four words: global command and control.

For more:  http://www.hotelnewsnow.com/Articles.aspx/5239/Guest-safety-in-an-unsafe-world

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by | March 21, 2011 · 3:54 pm

Hospitality Industry Workers Comp Risks: Virginia Hotel Employee Awarded Workers Comp Benefits After Fall In Restroom Injures Shoulder Already Receiving Medical Treatment

The Virginia Court of Appeals found that a cook’s right shoulder injury was not related to a preexisting condition so it awarded him benefits.

  • A cook for a hotel slipped on a wet floor in the restroom at his workplace and fell, hitting his right shoulder against a sink.
  • Before the fall, he sought medical treatment for right shoulder pain.
  • He required further treatment after the fall and sought benefits.
  • The hotel argued that there was no causal connection between the cook’s fall at work and his shoulder injury and that his injury was a preexisting condition.
  • The Virginia Court of Appeals disagreed and awarded benefits to the cook.

The court said the cook had different diagnoses and treatments before and after the fall. The court noted that the cook was undergoing treatment for tendonitis before the fall and was diagnosed with a right shoulder strain, contusion, and sprain after the fall. The cook received injections both before and after the fall, but they consisted of different drugs. Additionally, the surgical recommendations before and after the fall differed.

The hotel also argued that the cook failed to disclose his prior shoulder injury to two doctors, so their opinions should not have been relied on. The court disagreed. One doctor noted that the cook’s past medical history was “noncontributory,” and the second noted that it was “negative.” The court said these terms did not necessarily establish that the cook did not inform the doctors of his previous shoulder problems. Rather, the terms could have been interpreted to indicate a lack of foundation for alternative causation.

For more:  http://www.riskandinsurance.com/story.jsp?storyId=533334406

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by | March 14, 2011 · 8:09 am

Hotel Industry Flood Damage: Hawaiian Hotels Damaged By Tsunami Would Only Be Covered By Flood Insurance And Commercial Policy "Difference In Conditions" Coverage

Typical property insurance policies written in the United States exclude flood and earthquake damages.

A tsunami is a tidal wave often caused by an earthquake; it is a flood and excluded under most policies. Generally, these perils are only covered by endorsement or special policies.

The normal insurance industry approach to uninsurable hazards has been to exclude them totally. This has left the problem with governments to resolve, and has led to a number of national disaster insurance funds or pools, either completely run by the government as in the case of the U.S. Flood insurance scheme,

Those in vulnerable areas should buy flood and excess flood coverage to insure for tsunami events.  It should be noted that automobile, vehicle, life and health insurance provide coverage for these events. Some mobile home policies and marine forms cover these risks as well. Accordingly, these catastrophes are not completely uninsured when they occur in the United States.

For more:  http://www.propertyinsurancecoveragelaw.com/2011/03/articles/insurance/insurance-coverage-for-tsunami-floods-and-earthquakes/

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